Acts. 265

house or other houses where Tob^o is or shall be secured with
designe to prevent the said Sher. from Seizing the said Tob^o

C. P.

for Levies and dues as afd and any Sher. soe Seizing or
Marking any hhd or hhds of Tob^o Containing more then what
is Justly Due for Levys and dues as afd without Satisfaction
to the person to whome such Tob^o doth belong as by giving
Creditt or Suffering him to take the Overpluss out of such
hhd of Tob^o att the Choice of the party paying or owing the
same shall pay for Every such Default the Sume of two
thousand pounds of Tob^o one halfe to his Majesty his heirs
and Successors for Support of Government the other halfe to
the party Grieved to be recovered in any Court of Record of
this Province by Action of Debt bill Plaint or Informacon
wherein no Essoyne Protection or Wager of Law to be
Allowed.

And if itt shall soe happen that att any time any Sherriffe
shall seize any hhd of Tob^o which shall weigh more then such
Levy or Levies or dues as afd shall amount unto if the remain-
ing part due to the party or parties from whome they shall
receive such Levy or Levies or dues as afd be the greater
Quantity then and in Every such Case the Sherriffe or Sherriffes
shall take out of the said hhd such Quantity or Quantities of
Tob^o due to him for such Levy or Levies or dues as afd and
the said hhd and the remaining part of the Tob^o shall be and
remaine with the party or parties paying the same but if the

p. 86

remaining part of such hhd of Tob^o so Seized as afd and
belonging to the Party or Parties paying the same shall be the
Less Quantity then is due to the Sher or Sher8 as afd then and
in Every such Case the Owner or Owners of such Tob^o shall
take out of the Overplus of such Tob^o and the Hogshead with
the remaining part shall belong to such Sher or Shers receiv-
ing the same. And whereas many Litigious persons have and
for the ffuture may Comence Actions of Tresspass upon the
Case rather out of Spite and Malice then any reall Cause of
Action and altho' they sett not forth in the Originall writt the
Cause of Such Accon yett lay their damage to a Vast Sume
to deterr persons from being bayle for prevention whereof for
the future,

Be itt Enacted by the Authority Advice & Consent afd that
in All Actions of Tresspass upon the Case where Damages
are laid to be Above four thousand pounds of Tob^o if no
Declaration be sent with the writt Expressing the true Cause
of Action the Sherriffe shall not require a baile bond Exceed-
ing the sume of Eight thousand pounds of Tob^o altho the
Damages be mark't on the writt for any greater sume whatso-
ever and any sherriffe Offending herein shall fforfeit the sume

p. 87